Publication Items

SEJ formally objected to the CHP's July 23, 2013, arrest of Willits News' Steve Eberhard for covering an environmental protest of highway bypass construction, saying the arrest is "unacceptable" and "directly contravenes the right to gather news that derives from the First Amendment."

If the public can't see it, it didn't happen, right? That seems to be the logic of California officials who arrested a newspaper photographer for covering an environmental protest at the site where a highway overpass was being constructed and protesters had chained themselves to construction equipment.

[SEE UPDATE: Cal Assembly Walks Back CPRA Attack.] The last-minute sneak attack on open government was crafted and pushed through by Brown's own party. Local governments would be legally able to ignore the major requirements of the Public Records Law which force them to respond to freedom-of-information requests and justify any denial of requests.

The unanimous decision turned down a FOIA request by a California resident for records in Virginia. According to the Reporters Committee for Freedom of the Press, only a "handful" of states have similar residents-only restrictions to their FOI laws. But the doctrinal impact of the decision is likely to be large, since the court held, among other things, that the First Amendment conveys no right of access to government information.

The Arizona-based Center for Biological Diversity filed suit in Alameda County Superior Court charging that the California Department of Conservation's Division of Oil, Gas and Geothermal Resources was not following the state's own law.

Is the public entitled to see documents that may bear on the safety of a for-profit utility's plan to restart the flaw-stricken San Onofre nuclear plant in California? Maybe not. The Nuclear Regulatory Commission's Atomic Safety and Licensing Board ruled the utility must turn the documents over to the board — but currently plans to keep them secret from the public.

The American Bird Conservancy has gone to court after the Interior Department stonewalled its Freedom-of-Information-Act requests for correspondence between feds and the wind industry on how potential wind projects in 10 states might affect birds and bats.

A federal judge ruled that once the documents — depositions of US Forest Service employees about a 2007 forest fire in California that burned tens of thousands of acres — had been entered into court records as part of the evidence discovery process, they were presumptively public records and had to remain that way.

The San Francisco Chronicle revealed almost all records of the state's Public Utilities Commission, which regulates pipelines, are secret — and the PUC typically asks permission from the utility companies before releasing any information. In most other states, such information is freely available to the public.